28 CA ADC § 1006


      28 CCR s 1006

      Cal. Admin. Code tit. 28, s 1006


      CALIFORNIA CODE OF REGULATIONS
      TITLE 28. MANAGED HEALTH CARE
      DIVISION 1. THE DEPARTMENT OF MANAGED HEALTH CARE
      CHAPTER 1. DEPARTMENT ADMINISTRATION
      ARTICLE 2. ADMINISTRATION
      This database is current through 06/09/06, Register 2006, No. 23.

      s 1006. Inspection of Public Records.

      (a) Public access to records maintained by the Department is governed by 
      the California Public Records Act (Government Code s 6250 et. seq.). The 
      term "public record," as used in this section, is defined in Government 
      Code section 6252(e). Public records are available for inspection and/or 
      copying pursuant to the following procedures:

      (1) Requests for the inspection and/or copying of public records must be 
      sufficiently descriptive to enable Department personnel to identify, 
      locate, and retrieve the records.

      (2) Requests must be in writing and sent to the Department's mailing 
      address at Department of Managed Health Care, 980 9th Street, Suite 500, 
      Sacramento, CA 95814, Attention: Office of Legal Services. A properly 
      addressed request will ensure prompt response by the Department.

      (3) Retrieval and inspection of any record shall not interfere with the 
      ordinary business operations of the Department. Operational functions of 
      the Department will not be suspended to permit inspection of records where 
      the records are reasonably required by Department personnel in the 
      performance of their duties. If the request requires reviewing numerous 
      records, a mutually agreeable time will be established for the inspection 
      of the records. All inspections will occur during regular business hours 
      of the Department.

      (4) Physical inspection of records is permitted in Department offices. 
      Upon completion of the inspection, the person conducting the inspection 
      shall relinquish possession of the records. Persons inspecting Department 
      records shall not destroy, mutilate, deface, alter, or remove any such 
      records from the Department. The Department reserves the right to have 
      Departmental personnel present during the inspection of records in order 
      to prevent the loss or destruction of records.

      (b) The Department may refuse to disclose records that are exempt from 
      disclosure under the Public Records Act. (See e.g, Gov. Code, s 6254.)

      (c) Requests for copies of public records will be conducted pursuant to 
      the following procedures:

      (1) The Department shall charge the person requesting copies of public 
      records made by Department personnel at the rate of thirty cents ($0.30) 
      per page. Payment of the total estimated copy charge shall be required 
      before Department personnel copy any records. The Department may waive 
      copying costs when the total copying cost for records requested is less 
      than ten dollars ($10.00) per year.

      (2) If the number of records requiring copying is determined to be 
      voluminous by Department personnel, then the Department may require the 
      person requesting the records to supply or hire his/her own copy service 
      to photocopy the records. The cost associated with providing the copy 
      service shall be borne entirely by the requesting person.

      (3) Persons requesting copies of transcripts from Department committees, 
      panels or boards shall be charged a flat fee of $30.00 per transcript 
      regardless of page length. Tape-recorded cassette transcripts of 
      Department committees, panels or board meetings shall be charged a flat 
      fee of $5.00 per proceeding.


      Note: Authority cited: Section 6253.4, Government Code; and Section 1344, 
      Health and Safety Code. References: Section 6250, 6253, 6254 and 6255, 
      Government Code. 


       HISTORY 
         
      1. New section filed 8-12-2002; operative 9-11-2002 (Register 2002, No. 
      33).
      28 CA ADC s 1006

      END OF DOCUMENT

      (C) Copyright 2006, Result Oriented Marketing, Inc.
      For Further Assistance Visit : www.mcmillanlaw.us and www.fearnotlaw.com